On Friday the High Court held that the Right to Rent is in breach of the Human Rights Act and therefore unlawful. However, despite this decision landlords and agents will need to continue with their checks as they have done in the past. We have previously posted about the JCWI’s legal challenge of the Right to Rent policy. Those posts can be read here. A full summary of the case will follow this post but for now we concentrate on what will happen next and how this decision effects landlords and agents going forward.

The High Court has held that the Right to Rent policy is in breach of the Human Rights Act. The rationale for this decision is that the policy in its entirety leads to landlords discriminating against certain groups of tenants. However, this decision does not see the end of the Right to Rent policy but only requires the legislation to be referred back to Parliament for them to look at it afresh. For now, landlords and agents will need to continue with their Right to Rent checks.

The Secretary of State has been granted permission to appeal this decision in the Court of Appeal. This matter is therefore by no means settled yet. If the Secretary of State succeeds in the Court of Appeal then the Right to Rent policy will continue. However, if the Secretary of State should lose then there will be the possibility of a further appeal before the Supreme Court which will take some months.

While many landlords, agents and tenants will welcome this news it has little immediate impact on the private rental sector. It is only if Parliament makes changes as a consequence of this decision or after an appeal in the higher courts (assuming the Secretary of State loses there as well) that the sector will see an end to the Right to Rent scheme.

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Emma Somerset

Emma qualified as a solicitor in 2010 after completing her academic training at Bournemouth University and the University of Law, Guildford.

After undertaking her training contract at a large firm on the south coast she began her career with the same firm before accepting a position with PainSmith Solicitors in November 2012.

Emma specialises in all aspects of property litigation and can assist in resolving most disputes, regularly acting for landlords and land owners in connection with dilapidations disputes, forfeiture and possession claims, land registration disputes, building and boundary disputes, and recovery of arrears and other debts.

Emma is also able to draft up to date tenancy documentation, being fully conversant with all relevant requirements and guidance that applies to this heavily regulated and changing area. She has been praised for her ability to quickly understand her clients’ objectives and for offering commercial, pragmatic advice in a straightforward manner.

Alexandra Rusu

David Whitney is a solicitor and mediator. Prior to joining PainSmith five years ago he was a Partner in a West London practice. He has practised in the field of landlord and tenant law for about 20 years and has over the last 15 years developed a specialism in long residential leasehold work. His work encompasses dealing with all aspects of landlord and tenant including dilapidations claims, repossessions, enfranchisement, lease extensions, RTM applications and service charge disputes to name a few. In the past 12 months alone David has assisted over 200 hundred flat owners to either purchase their freehold or extend their lease. David understands the, often, competing interests of differing parties and prides himself on giving clients pragmatic and commercial advice. David also sits as a fee-paid Judge of the First Tier Tribunal (Property Chamber) on the Southern Region and as a member of its mediation panel.

Laura Simpson

Laura graduated from the University of Portsmouth in 2013 with a degree in Law with Business. This year, Laura also completed the Legal Practice Course.

Prior to joining PainSmith Solicitors, Laura worked for a local council. She has the experience and knowledge to confidently handle her own caseload across a range of property matters and uses her understanding of business to ensure that she produces practical commercial solutions to client’s problems.

Sian Meredith

Sian graduated from the University of Portsmouth in 2015. Sian has an in-depth knowledge of possession proceedings and debt recovery.

Sian will commence her LPC in September 2016.

Richard Pulford

Richard came to PainSmith in August 2011 as a Paralegal after graduating with a degree in law from the University of Sheffield. Whilst working for PainSmith he completed the Legal Practice Course at weekends completed a training contract at the firm and has been taken on by the firm as a fully qualified Solicitor. After receiving considerable training provided by PainSmith, Richard joined the legal helpline and has been one of the advisers on the helpline for over four years.

He has over five years of experience in Landlord and Tenant law and his normal work load ranges from case handling of possession matters, deposit disputes, drafting of tenancy agreements, advising on HMO properties and debt and disrepair claims. He is experienced in lengthy and complex litigation and settlement negotiations.

David Whitney

David Whitney is a solicitor and mediator. Prior to joining PainSmith five years ago he was a Partner in a West London practice. He has practised in the field of landlord and tenant law for about 20 years and has over the last 15 years developed a specialism in long residential leasehold work. His work encompasses dealing with all aspects of landlord and tenant including dilapidations claims, repossessions, enfranchisement, lease extensions, RTM applications and service charge disputes to name a few. In the past 12 months alone David has assisted over 200 hundred flat owners to either purchase their freehold or extend their lease. David understands the, often, competing interests of differing parties and prides himself on giving clients pragmatic and commercial advice. David also sits as a fee-paid Judge of the First Tier Tribunal (Property Chamber) on the Southern Region and as a member of its mediation panel.

Marveen Smith

Marveen Smith was one of the founders of PainSmith Solicitors in 2001 and has been the only Principal of PainSmith Solicitors a niche firm who are specialists in property law since 2006. Marveen has a background in accountancy and tax; forging a second career in law by qualifying as a Solicitor before starting her own practice. As well as working in her legal practice daily Marveen is one of the trainers for ARLA and other organisations presenting legal courses throughout the country; giving presentations at regional meetings for ARLA; and at seminars for landlords. Marveen has made regular appearances on Money Box for Radio 4 and Watchdog where she endeavoured to balance the one sided view of letting agents that can be presented by the media, as well as disseminating information to enable landlords to act in a more professional capacity. Marveen was the first person to establish a legal helpline for landlords and agents; and to offer both standard and bespoke documents designed specifically for the lettings industry. Today PainSmith offers a wide choice of legal documents to satisfy the requirements of both relocation companies, letting agents and landlords.